Transitional arrangements for people who have entered into a building contract (or other form of pre-contract agreement) for a new home that was designed to meet pre-July 2017 BASIX energy targets

NSW Government is aware that some people may have entered into a contract (or other form of agreement) for a new home that was designed to meet the pre-July 2017 BASIX energy targets.

Implementing the new BASIX energy targets may require a more energy efficient design and/or products with higher energy efficiency ratings to be used. It may, as a result, be costly to retrofit these designs to meet the new targets.

Consequently, transitional arrangements were put in place until 31 December 2017 to ensure purchasers of new homes were not unduly disadvantaged by the changes.

31 December 2017 signals the end for the transitional period for the BASIX energy targets

The lower energy targets and thermal comfort provisions that applied before 1 July 2017 are no longer available. All new homes and units are now subject to the energy targets and thermal comfort provisions introduced on 1 July 2017.

Projects created using the pre-July targets under the transitional arrangements need to be finalised and the BASIX certificate will need to be lodged with the consent authority within 3 months of date of issue, but no later than 31 March 2018.

Amendments to a building contract AFTER a BASIX Certificate has been issued under the transitional arrangements

In order to be eligible for the transitional arrangements, home buyers needed to have signed a building contract before 31 December 2017. If your project was created in BASIX under the transitional arrangements but a contract was not signed by this date, your project will now be revised and will need to meet the higher targets that were introduced on 1 July 2017.

However, in cases where the BASIX certificate has been generated and lodged with the consent authority (before 31 March 2018) revisions can still be made using the pre-July targets. BASIX certificates generated using the pre-July targets that are subject to an existing DA or CDC can also be revised using the same targets.